Clause 1 of the Bill would amend the Judgment Enforcement Act to facilitate the registration of judgments on the judgment registry by electronic means.

Clause 1 of the Bill would also make it an offence to register a notice of judgment where no judgment is in force or to include false information in a notice of judgment.

Clause 2 of the Bill would amend the Act to provide the sheriff with authority to discharge a notice of judgment registered on the registry where there is no basis for maintaining the registration.

Clause 3 of the Bill would amend the Act to require the sheriff to provide a debtor with a notice of seizure of market securities in which the debtor has an interest.

A BILL

AN ACT TO AMEND THE JUDGMENT ENFORCEMENT ACT

Analysis

1. S.41 Amdt.
Registration

2. S.45(4.1) Added
Discharge and amendment

3. S.90(3) Added
Effecting seizure

Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:

SN1996 cJ-1.1
as amended

1. (1) Section 41 of the Judgment Enforcement Act is amended by adding immediately after subsection (1) the following:

(1.1) A notice of judgment or a notice of an attachment order may be registered electronically by a user of the registry approved for the purpose by the sheriff using a computer system and a computer network, electronic forms and documents and computer format approved for the purpose by the sheriff.

(1.2) Where a notice of judgment or a notice of an attachment order is registered electronically on the registry by a person referred to in subsection (1.1), the sheriff shall, immediately following electronic registration, send a notice of verification of the registration containing the information referred to in subsection (1), electronically to the user of the registry referred to in subsection (1.1).

(2) Section 41 of the Act is further amended by adding immediately after subsection (5) the following:

(6) A person who registers a notice of judgment knowing that the judgment is not in force or registers a notice of judgment that contains information that the person knows is incorrect is guilty of an offence.

2. Section 45 of the Act is amended by adding immediately after subsection (4) the following:

(4.1) Where the sheriff has reasonable grounds to believe that a money judgment has been satisfied, or for another reason the sheriff is of the opinion that no valid basis exists for maintaining the notice, the sheriff may discharge a notice of that judgment.

3. Section 90 of the Act is amended by adding immediately after subsection (2) the following:

(3) Where the sheriff seizes a market security, the sheriff shall serve a debtor to whom the security relates with a notice of the seizure.